Rihanna wins appeal in passing off case

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Rihanna wins appeal in passing off case

rihanna-logo-55.jpg

The Court of Appeal has upheld a ruling of the England & Wales High Court that Topshop committed passing off by using Rihanna’s image on t-shirts

Rihanna logo

But the judgment, published on January 22, also made it clear that there is no protection for image rights as such in UK law.

Lord Justice Kitchin said that the claimant in such cases must make his case on the evidence: “He must show that he has a relevant goodwill, that the activities of the defendant amount to a misrepresentation that he has endorsed or approved the goods or services of which he complains, and that these activities have caused or are likely to cause him damage to his goodwill and business.”

The other two judges agreed, though Lord Justice Underhill noted that he regarded this case as “close to the borderline”.

The Court rejected all four grounds on which Topshop challenged the High Court’s 2013 ruling.

Rihanna (whose so-called R slash logo is pictured) was represented by Martin Howe QC, Andrew Norris and Reed Smith. Topshop was represented by Geoffrey Hobbs QC, Hugo Cuddigan and Mishcon de Reya.

More analysis available online from Bird & Bird, Herbert Smith Freehills and King & Wood Mallesons.

more from across site and SHARED ros bottom lb

More from across our site

News of Ultrahuman suing Oura in India and Apple accusing Oppo of trade secret theft were also among the top talking points
The firm has added six practitioners in recent weeks as it takes measured steps to build its IP practice with a focus on trade secrets work
Partners at law firm Silva reveal how their recent geographical indication win in India for Chilean Pisco paves the way for future victories internationally
Lawyers at Finnegan unpick the UK government’s SEP consultation, and offer tips for patent litigators
In major recent developments, a request for automatic service to counsel in provisional proceedings was rejected and a PI covering Spain was granted
Julia Ericsson of Sandart in Sweden discusses litigating patents at the UPC, overcoming prejudice and how to encourage associates to develop their careers in IP
Reed Smith lawyers say that with the UK’s AI law in a state of flux, IP owners should look beyond the country's borders
We preview Managing IP’s ‘IP Ones to Watch’ list, meet our newest recruit, and look back over the final law firm rankings release of the year
Michael Conway and Flora Hachemi of Haseltine Lake Kempner consider what brand owners and prospective trademark applicants need to know in the wake of the UKIPO’s SkyKick guidance
Our exclusive survey reveals German firms are failing to manage costs and develop young talent, but some counsel believe this is happening behind the scenes
Gift this article